Legal Question in Civil Rights Law in Maryland

Privicy

1. Is it illegal in the Washington Metro area to record my telephone conversations with another person?

1. Is it illegal in the Washington DC Metro area to record voice mail messages left on my answering machine?


Asked on 11/20/03, 1:34 pm

3 Answers from Attorneys

William Farley Law Office Professional Corporation

Re: Privacy

There are different rules for the taping of conversations depending on where the taping occurred and where the phone call originated.

For instance, Maryland's wiretap law, which is infrequently prosecuted, forbids taping phone conversations without the other party's consent. Ignorance of the law is a valid defense

You should contact an attorney and discuss the specifics of your case.

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Answered on 11/20/03, 2:19 pm

Re: Privicy

It is generally illegal to audio tape someone without their knowledge and permission. But if they leave a message on your voicemail or answering machine, then they know and consent to the taping. Thus, you can record the existing recording.

FYI, there are many instances where people are deemed to have consented to audiotaping, such as when they are in public and someone might pick up their voice while using a video camera in the area. The point is that the laws can be complicated, so be careful if you want to use an audiotape of someone and do not make any surreptitious recordings.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 11/20/03, 3:28 pm
Michael Worsham Michael C. Worsham, Esq.

Re: Privicy

DC Metro area is a little vague, but it is illegal in MD, and I am pretty certain also in DC, to tape record someone without their permission. Although the law does not say so, it is not illegal to tape a call on an answering machine, as the caller can't have an expectation of privacy if they know they are leaving a message to the machine.

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Answered on 11/20/03, 6:39 pm


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